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01-16-09
PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of BAYARD DICKINSON JAMES File Number ~/ - ~/ 7 - ~Lf'y'", also known as ,Deceased Social Security Number 162-OS-9836 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) ® A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Alternate Executor ~ N Wined in the last W ill of the Decedent dated September 26, 2006 and codicil(s) dated July I6, 2007 Cr-~ ..~ , i (State relevam circumstances, eg., renunciation, death of executor, etc.) ' ~ Qx _ _ r Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of thr? /ns[rsienent(~ffered ~ i for probate, was not the victim of a killing and was never adjudicated an incapacitated person: ~`, ~7 , ~ `' i, ~ ~:( _~ ,. D f_ll Q B. Grant of Letters of Administration ~„ J (ffapp[icable, enter: a(.n.;d.b.n.c.t.a.; pendemelite; duran(e absentia; duran(e minori(a(eJ Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: ((f Administration, c.t.a. ord. b.n.c.t.a., enter date of Will in Section A above and complete list ojheirs.J Decedent was domiciled at death in Cumberland Chanel Point at Carlisle 770 S Hanover St Carlisle PA (List stree( address, (own/clty, township, county, state, zip code) County, Pennsylvania with his /her last principal residence a[ Decedent, [hen 89 years of age, died on September 17, 2008 a[ Chapel Point a[ Carlisle, 770 S. Hanover S[. Aisle PA 17013 Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 150,000.00 (if no[ domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania q situated as Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with [his Petition and [he grant of Letters in the appropriate forth to the undersigned: (COMPLETE /N ALL CASES:) Attach additional sheets if necessary. Form RW-02 rev. 10.73.06 P3gC I Of,2 Oath of Personal Representative ~~ ~c> ~° ~' COMMONWEALTH OF PENNSYLVANIA ~ ~- ' ,~ ~. SS ~-n .W' i COUNTY OF CUMBERLAND ";_ rn °' t The Petitioner(s) above-named swear(s) or affirm(s) that the statements in [he fore oin Petition are true aH t . ' ' g g d d6riect tgme bes_Y of the knowledge and belief of Petitioners and [hat, as ersonal re resen[ative s of the Decedent, Petitioners ~ O P P O (jtY>~nvell an~uly ;. -. i `-' administer the estate according to law. Signature of Persona[ Represenmfive File Number: tom. ~ - U9 - nC,~ 7 ~'f Estate of BAYARD DICKINSON TAMES ,Deceased Social Security Number: 162-OS-9836 Date of Death:~tember 17, 2008 'AND NOW ~ OXX~ j , in consideration of the foregoing Petition, satisfactory proof having been presented a ore me, IT IS CREED that Letters Testamentary are hereby granted to yde Bayard James in the above estate and that the instmment(s) dated September 26, 2006 and July 16, 2007 described in [he Petition be admitted to probate and filed of record 25 the last FEES Letters ............... $~_ Short Certificate(s) ........ $~ Renunciation(s) .. .... $ 1v.~_ l1 .. $ 1501 $ 5.~ Attorney Signature: Attorney Name: Supreme Court I.D. No.: Address: $ .. $ $ Telephone: .$ TOTAL .............. $~. ~i~_ of Regina L. Matz Patricia Armstrone 42498 THOMAS, LONG, NIESEN & KENNARD 212 Locust Street, Suite 500 Harzisburg, PA 17IOI 717-255-7600 Form RW-02 rev. /013.06 Page z Of 2 Swom to or affirmed and scribed . _ ~ >/~ OCAL REGISTRAR'S CERTIFICATION OF DEATH ~ ~~ WARNING: It is illegal to duplicate this copy by photostat or photograph.. Fee for this certificate, $6.00 P 14807058 Certification Nurnber This fs to certify that the information here given is correctly copied (rum an original Certi Cicate of Death duly filed with me eu Local Registrar. "ITIC original certificate will be fonvurded to the State Vital Records Office ILr permanent filing. SEP 2~2 200Q L s r~~NZ~-.-.. Date IssuedL_ _.. C7 ° ___ ... __.. _. _ ~-, ' .l I ~'Y .• ' i ~ - n ~I. ,: ~-,1 Cn - :.7 k '~ ~ - " ~ ~ ... - r'ri - D - $ev ni2oos PgwF IN COMMONWEALTH OF PENNSYLVANIq • DEPARTMENT OF HEALT y ~ w mANENT H • VITAL RECORDS crc wx CERTIFICATE OF DEATH ~ 1. Nang m Dpreannl IFlnl mwi. I.e . ~ (See instructions and examples on reverse) _. STATE FII F NI lua co nayaro D. James 2S°p 35osval~Seyur~NUmb 4. pale of peam fMenm, aay, yparl Male bb LG -~5 ._9836 September 17, 2008 sage 0.av emnaayl uneen yee~ amen ae sDa,e of elm, (Morin. eav. up iemngece ryVana aisle pr to I S 9 ^I eve a, „a ° pw" rvl ea. plapp of Deam IcneoA wp aaI rIS ~ " 12/29/18 Steelton, PA "°°°Mb olMr en cowry pi wain ea cnv. e°r°. iwp. oI wpm ^ Inwuem ~ EsLomwaem ^ Doa ~ N°rpllLq soma ^ aenwnpp ^aner spppnY ea Faollrv N°mewnol~wluuow, glw nrwlaM n°mepn swan peppepnl of nbppnk on lm Cumberland Carlisle Chapel Pointe at Carlisle IIIyp°'°PpmN Cnna^, g "° ^y°' Ip. F"°,Ampman l"eras 5lapA. wort°,°" Mptlwn. Pppaa n~wa p,pl Inp"M White 11. pxeMn6 Uw,l0vc Iron Rine pl w°b Wne hLin mwl °I wani Ihe. De net slplp ra,R°E 12 Wes Cpweenl arerln me 1S DaweeNY EOUwIbn~aN wly mAnes, Arew eomple,etl) IL MerIl,I gatm. M,rlred Never M,rlreh 155Lrvlving 5wuse 111 rnIe. Aive meiaen name) Xlnal ILr~g o~S°slnessl,MUSIry US ArmeU Fwcefl Elemenlarylsxe as e~ Wltlpwea. Dlv°rretlS Claim P~"~"hager Aetna " "I '~ NRDoueAp n<yr sq Icemen Lois J. L~Ypa ^No Married Simpson 1S pweaenM1 MaAInAAM1irpas fMlspL Clryllwn sole -°"Ae D Nanfs 770 S. Hanover Street ama,l aeaaenpp n°a,Ip _Pennsvlvania D1°°B0B0en1 rapwwl"nba na. ^ vep. Dep,aem t~wa m rwp. Carlisle, PA 17013 Iro. cp°nry Cumberland na.®Np, Dewappl Dape wlm,p Carlisle re Fame's Nam. (Flml, oracle. Ian, wnm aawl umM m William James cnyt eprp w. Mpmpre rvam, IFlrpl. mace, me;m"aamampl Myrtle Reid 20a lnbrmanl'6 N°me (Fnp/Pnnl er pgLln,olmanrs Melll pMm%Blrep,, pily(1°m,slale, Elp c°tle Clyde B. 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GL2 C~nuAr. n~ D~ppwalprt Pe,mm Nw ~~~~ p ~S q d 1- ~/~/ ~~; ~9~9 ~;~`~."~ l 6 Ali 9~ 5~i i - ~ ~ ,' LAST WILL AND TESTAMENT ~r r ~~, ;'~ P~~ ~i ; °A OF BAYARD DICKINSON JAMES I, BAYARD DICKINSON JAMES, of Silver Springs Township, Cumberland County, P~::nnsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this to be my Last Will and Testament, hereby revoking and making void all former 'vUills or Codicils by me at any time heretofore made. ITEM I: I direct that my funeral be conducted in a manner corresponding with my estate and situation in life, and that all my just debts and funeral expenses be fully paid as soon as conveniently may be done after my decease. All estate, inheritance, succession and other death taxes which shall become payable by reason of my death, shall be paid out of my estate as an administration expense. ITEM II: I give, devise and bequeath my entire estate, whether real property or personal property, of every kind, name and description, whatsoever and wheresoever situated, which I now own or hereafrer acquire, to BAYARD DICKINSON JAMES and LOIS JEAN SIMPSON JAMES as Trustees of The James Family Trust, to be held, managed and disposed of in accordance with the provisions of said Trust which was established by a Declaration of Trust dated March 26, 1994, between BAYARD DICKINSON JAMES and LOIS JEAN SIMPSON, as the Settlors, and BAYARD DICKINSON JAMES and LOIS JEAN SIMPSON JAMES as the Trustees, and which is now in existence. n / ~ BA ARD DICKINSON JAMES Page 1 of 5 Pages ITEM III: I direct that my Executrix or Alternate Executor distribute net proceeds thereof as follows: To my granddaughter, FARA LOVE, Ten Thousand ($10,000) Dollars; 2. To my granddaughter, JENNIFER LOVE JAMISON, Ten Thousand ($10,000) Dollars; and ~~ -' ITEM I~V: I nominate, constitute and appoint my spouse, LOIS JEAN SIMPSON JAMES, to be the Executrix of this, my Last Will and Testament, hereby authorizing and empowering my said Executrix to compound, compromise, and settle and adjust all claims and demands which may be presented against my estate or which may be due to my estate; and to sell at private or public sale, lease or exchange, at such prices and upon such terms of credit or otherwise as she may deem best, the whole or any part of my real or personal property; and to execute, acknowledge and deliver deeds or other proper instruments of conveyance thereof to the purchaser or purchasers, all without license or leave of court. In connection with the sale of any real estate, I authorize my Executrix to employ real estate brokers and to pay them standard commissions for their services. I request that no bond be required of my said Executrix. In the event that my spouse, LOIS JEAN SIMPSON JAMES, does not survive me, shall be incapable of serving as Executrix, shall elect not so to serve, or for any reason is unable to complete the administration of my estate, then I appoint CLYDE BAYARD JAMES as Alternate Executor, to serve with the same powers aforesaid and also to serve without bond. I /BAYA~ DICKINSON JAMES' IN WITNESS WHEREOF, I have hereunto set my hand to this, my Last Will and Testament, consisting of this and the preceding 2 pages, at the bottom of which I have also set Page 2 of 5 Pages ~~ my signature for greater security and bettef identification this>~ day of ~ ~~~~ ~i1~ , 2006. E L -L 3s "~ 2 ~ - ~ vS~~Fzi.c y 6c~-~-. BAY ~ DICKINSON~AMES Signed, sealed, published and declazed by BAYARD DICKINSON JAMES, Testator above named, as and for his Last Will and Testament, in the presence of us, who, at his request, and in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses. Witness: ~,%~ r Address: Witness: ~~ ~~- ~ _, Address: `Z ~~a' ~" ~'Z \ \ Page 3 of 5 Pages + ~. ~ AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: We, ~Ztt.XYrn ~ Srn]-71 ~~ ~ and G/7 tC3/i•n 1 Sv» ~T/v( , the witnesses, whose names are subscribed to the attached Last Will and Testament, being duly qualified according to law, do depose and say that we were present and saw the Testator sign and execute this instrument as his Last Will and Testament, that he signed willingly, and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of us, in the hearing and sight of the Testator, signed his Last Will and Testament as a witness, and that to the best of our knowledge Testator was at the time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. ~~ it ass ^~ Witness ~`~worrTy'~-or affirmed to, and subscribed before me, a Notary Public, this ,~~ 'Say of ~ Gr~J X2006. _ ~~~~ Notary Pub Ic My Commission Expires: CUMMUNWEALTH OF PENNSYLVANIA Notarial Seal Stephanie L. Gaffey, Notary Public Paxtattg Boro, Dauphin County My Commission Expires Sept 26, 2006 Member, Pennsylvania Association of PJOtaries Page 4 of 5 Pages . r ~. ~ , AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: On this, the O ~+'~ day of ~ ~3 l%~ 006, before me, a Notary Public, personally appeared BAYARD DICKINSON JAMES, having been duly qualified according to law, acknowledged the foregoing Last Will and Testament to be his act and deed, and desired that the same might be recorded as such. WITNESS my hand and notarial seal. ~". _ ~--' Notary Public My Commi$sion EXp1reS: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Stephanie L. Gaficy, Notary Public Paxtenq Boro, Dauphin Coanty MY Commission Expires Sept 26, 2006 Member, PannsyNenta Assotlation of Ndaries Page 5 of 5 Pages ., ,. D~j_y~~ ' .,,._ 209 J~,~d ~ 6 a~ 9~ 57 FIRST CODICIL TO WILL ~~~, ~~ ,,~ „~ ~~ ~h~ ''Q~~"3~ BAYARD DICHINSON JAMES I, Bayard Dickinson James, of Cumberland County, Pennsylvania, declare this to be the First Codicil to my Will dated September 26, 2006. Addition of Provision ] . The following provisions are added to Item III of my Last Will and Testament: 3. To REGENT UNIVERSITY in Virginia Beach, Virginiathe sum of TEN fIIOUSAND DOLLARS ($10,000.00); 4. fo, KARNA M. HOFFMAN, the sum of FOURTEEN THOUSAND DOLLARS ($14,000.00) Republication of Will 2. In every other respect, I confirm and republish my Will dated September 26, 2006. \ ~ ~ ,k, ~~~L~~ ii~~ ___ Ba and ickinson James T~.~ted~ .Tiny 16, 2007 `" Page 1 of 3 Pages ACKNOWLEDGMENT COMMON WEALTH OF PENNSYLVANIA ) SS: COUNTY OP DAUPHIN ) I, Bayard Dickinson James, the testator whose name is signed to the foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my First Codicil to my Will dated September 26, 2006, and that I signed it willingly and as my free and voluntary act for the purposes expressed in it. ,, --~1'~ ~Grv"L~~'-- B and Dickinson James ~'~ Sworn or affirmed to, and acknowledged before me by Bayard Dickinson James, this 16`h day of July, 2007. Notary Public (SEAL) My COmm1SSlOri EXp1rBS: Avrzr L lSt ~ d V COMMONWEALTH OF PENNSYLVANIA Notarial Seal Gail F. Hess, Notary public Hampden Twp., Cumberland County MY Commission Expires Apr, tg, 2010 Member. Pennsylvania Association of Notaries Page 2 of 3 Pages AFFIDAVIT We, ~~2t,.i ~ /iYlu;eP~y and_C//.9rZCE5 E Q/cEI)o~zF , the witnesses, whose names are signed to the attached First Codicil To Will, being duly qualified according to law, do depose and say that we were present and saw the testatrix sign and execute this instrument as his First Codicil To Will; that he signed willingly, and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of us, in the hearing and sight of the testator signed the instrument as a witness; and that to the best of our knowledge testator was at the time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. Witness l ~ _ Witness Sworn or affirmed to, and acknowledged before me, a Notary Public, this/(oT~ day of ,Tuly 16, ?007. S~r L-r ~ X' Notary Public (SEAL) My CalrimisslOn EXp1reS:~O,e yG /5/ ~ O Jp COMMONWEALTH OF PENNSYLVANIA Notarial Seal Gail F. Hess, Notary Public Hampden Twp., Cumberland County My Commission Expires Apr. 15, 2010 Member, Pennsylvania Association of Notaries Page 3 of 3 Pages N c7 C7 cT~ i~ o i. (~ . _.. .-~ r~ '' _~, - ~ '~ RENUNCIATION ;, ~~ 4 ' - ~ r _i ~, REGISTER OF WILLS ~~ ,~ CUMBERLAND COUNTY, PENNSYLVANIA > cn J Estate of Bayazd Dickinson James Deceased I Clyde Bayad lames as power of attorney for Lois Jean Simpson lames (see attached) ' , in my capacity/relationship as (Pnn! Nome) of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to Clyde Bayard James, son of decedent, as alternate executor under terms of decedent's will /~ ° ~~ ° Chi/ W (Date) Executed in Register's Office Sworn to or affirmed and subscribed before me this day of Deputy for Register of Wills (Street Address) LY ~-~[~ "1 J ~ (~ ti b 1 / 1 Hill Dr. Gambrills, MD 21054 (city, slate, zip) Executed out of Register's Office Before the undersigned personally appeaJ•ed the parry executing this renunciation and certified that he or she executed the renunciation for the pu oses stated within on this ~~ day of _> ~~1u~ ~a.~ ~p ~. Notary Public My Commission Expires: lala~-1 la' (Signature and Seal of Notazy or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) Form RW-06 rev !0.!3.06 n N <~ v~ RENUNCIATION ~ s .r _ :w ~ .~ = _.C:, ~ .r ' REGISTER OF WILLS , ~ ~' ' CUMBERLAND COUNTY, PENNSYLVANIA ~ `; ; r ,_ ~ - ,. ~/- ~ 1 - y~ l~ __{ ,~ _ ' ~r ~o ~ Estate of Bayard Dickinson James ,Deceased Susan James Love as power of attorney for Lois Jean Simpson James 1 (see attached) , in my capacity/relationship as (Prln! N¢me) wife of the above Decedent, hereby renotmce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to Clyde Bayard James, son of decedent, as alternate executor under the terms of ,O decedent's will ~~.~a,a~°a~. LLS / la-~7- aoo~~ (Date) Executed in Register's Office Sworn to or affirmed and subscribed before me this day of Deputy for Register of Wills Farm RW-06 rev 10.73.06 Signature) ~~ J/ 2 West 55th Terrace (Street Address) Shawnee, KS 66216 (City, State, Zip) Executed out of Register's Office Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the renunciation for the purpos`e~sstated within on this ..? 7 day of .n ~ ~~ on Notary Public ~/ My Commission Expires: 7~Z-11 a (Signature and Seal of Notary or other official qualitied [o administer oaths. Show date of expnation of Notary's Commission) NO'fARC PUBLIC~81W b MaMp MARY JO BER<iMAN E Z-ro BEFORE THE REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF BAYARD DICKINSON JAMES, DECEASED NO 21-09-0049 DECREE OF THE REGISTER OF WILLS AND NOW, this 16th day of January, 2009, upon review of the original Will of Bayard Dickinson James, submitted for probate on January 16, 2009, which original Will contained interlineations, the Register of Wills finds the following with regard to the Estate of Bayard Dickinson James and renders the following decision: IT IS DECREED the handwritten words appearing on the second page of the document in Item III, number 3 are not admitted to probate as they are not signed by the testator. IT IS FURTHER DECREED that Letters Testamentary shall be issued to Clyde Bayard James. Clyde Bayard James shall have all the rights and duties of a fiduciary under the laws of Pennsylvania and shall proceed with the administration of this estate according to law. /~G~~staK~~~2t~roc~ Glenda Farner Strasbaugh, Register o~Vills ~z c~ ,- ~ ~,~ ~~ `, _;, ~~~ ~_ ~n ,-, ~ <" ~: , , ~~ s cD ~p ~'~ A Cll - --.! ORPHANS' COURT DIVISION In Re: BAYARD DICKINSON JAMES COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 09-0049 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: O1 /1 fi/ne JUDGE'S INITIALS: TIME STAMP DATE: IN RE: SERVICE TO: RF.(;1NAnneT~ METHOD OF MAILING: ® USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: 05/01/09 ENVELOPES PROVIDED BY: ® PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT SERVICE TO: METHOD OF MAILING: ^ USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: DECREE OF THE REGISTER OF WILLS ENVELOPES PROVIDED BY: ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT ~~ uty ~ Clerk of Orphan's' Court